A notional starting point of 4 years imprisonment (half the maximum) for a basic offence of indecent assault involving leg-touching on public transport is within the sentencing range where the offender has extensive prior sexual offending, poor rehabilitation prospects, and high risk of reoffending. The seriousness of offending cannot be assessed in isolation from the offender's antecedents and prognosis. The primary purpose of sentencing — community protection under s 3 of the Sentencing Act 2017 (SA) — may justify what would otherwise appear disproportionate for the offending considered alone.
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